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Lawrence v. Lawrence [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)

Opinion

February 10, 1999

Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Custody.

PRESENT: GREEN, J. P., PINE, WISNER, PIGOTT, JR., AND CALLAHAN JJ.


Order unanimously affirmed with costs. Memorandum: Although Supreme Court had jurisdiction over this custody dispute ( see, Domestic Relations Law § 75-d), the court properly declined to exercise its jurisdiction on the ground that New York is an inconvenient forum ( see, Domestic Relations Law § 75-h; Kosmicki v. Salzer, ___ A.D.2d ___ [decided July 8, 1998]). The record establishes that defendant mother and the child presently reside in the State of Washington, where the child was born and where the families of both parties reside. Plaintiff, a member of the United States Coast Guard, no longer resides in the State of New York. All evidence concerning "the child's present or future care, protection, training, and personal relationships is more readily available" (Domestic Relations Law § 75-h [c]) in the State of Washington, the state with which the child and his family have the closest connection ( see, Domestic Relations Law § 75-b [c] Kosmicki v. Salzer, supra).


Summaries of

Lawrence v. Lawrence [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
(N.Y. App. Div. Feb. 10, 1999)
Case details for

Lawrence v. Lawrence [4th Dept 1999

Case Details

Full title:DART D. LAWRENCE, APPELLANT, v. KATHLEEN C. LAWRENCE, RESPONDENT

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 10, 1999

Citations

(N.Y. App. Div. Feb. 10, 1999)